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Privacy Policy

HealthAware LLC (HealthAware) owns and operates the website www.healthaware.com (the Site) and www.healthawaresolutions.com. HealthAware also develops, operates and distributes certain non-downloadable software applications/programs, which includes hosted risk assessment programs and digital therapy behavior change programs for mobile devices and desktop devices. The Site and the mobile programs, together with the health risk assessment services and communications with health care personnel regarding medical conditions and the data collection, storage, analysis and reporting tools, functions and services, that are provided at the Site and/or via the non – downloadable programs, are collectively referred to as the Service.

The following policy explains how HealthAware collects, uses and disseminates information obtained from or about you as a user of the Service. Capitalized terms used herein without definition will have the same meanings as defined in the Terms of Service applicable to the Service which are available here: Verification of Patient Informed Consent 

Information Collected:

When you visit the Site or otherwise access the Service, web servers collect general information about your visit (such as, for example, traffic data like time, date and the address of the website from which you entered the Site), which is stored as anonymous, aggregate data. HealthAware also collects more specific information about you and your use of the Service (such as, for example, demographic data, profile data and frequency or duration of use). Collecting such data may entail the use of software programs, web beacons, pixel tags, cookies, IP addresses or other numeric codes used to identify a computer.

The Service may be accessed: by visiting the Site directly; a partner healthcare system website, which then communicates with HealthAware’s web servers.

Regardless of how you access the Service, to ensure the integrity of the Service, you must complete an enrollment process and provide HealthAware and/or its affiliates with current, complete and accurate information, as more specifically required by then current registration procedures and operational prompts. If some or all of your registration information has already been provided to HealthAware healthcare Partner, then you will need to review and confirm, complete or correct your information.

You may be required to provide the following information in order to establish your account and register for and use the Service: name, address, telephone number, e-mail address, username, password and certain preferences and permissions. The requirements may change from time to time, depending on which healthcare system you are accessing.

Whenever you interact with the Service, a variety of technologies are employed to automatically or passively collect Service Data. The term Service Data means all data and information that are provided by you during registration and subsequent use of the Service (including messaging related to Healthcare Services), and all other data and information about you that are otherwise discerned or collected by HealthAware and its partner healthcare systems based on your access and use of the Service. The Service Data includes, but is not limited to: browser or device type; operating system; time of day; identification of Site page views; use of particular Service geographic location, or zip code.

Children:

HealthAware will not collect personal identifiable information from any individual who is actually known to us to be under the age of 13. If we become aware that a person under 13 has provided personally identifiable information, HealthAware, will take steps to remove such information and remove that individual’s account, access and use of the Service.

Use of Information:

Except as set forth below, at no time will any of your Personal Data be shared with any third party by HealthAware. Your IP address is not linked to personally identifiable information, but is used to gather broad demographic data and to monitor statistics to improve the Service.

HealthAware uses Traffic Data to help diagnose problems with its web servers, to administer the Service and to analyze user trends and behaviors. HealthAware will share Traffic Data with certain third parties for the purposes of technical and customer support only.

HealthAware collects, stores, processes and analyzes Service Data and produces Analytics on its own privately secured servers. The term Analytics means user profiles and statistics, metrics, abstractions and other analyses that are based on or derived from the Service, Service Data or your use of the Service (including without limitation, measurements of Service usage and performance), which are developed in a manner that does not disclose the identity of the Clinical Partner or any Clinician or Patient (such as, in the aggregate with other data, results and measurements) and that does not disclose any specific Service Data (unless in aggregated or de-identified form).

HealthAware uses the Service Data and will use the analytics and reports in the manner and for the purposes described in the Terms of Service, including without limitation: to use Service Data to communicate with you and (as applicable) via our healthcare partners, their Patients, Clinician(s) and Clinical Partners; to include, copy, disclose, distribute, transmit and display Service Data in communications between a Patient and his or her Clinician (and vice versa) that have been properly initiated via the Service; to access, record, collect, copy, store, process, analyze and use Service Data to provide the Service (including with regard to the use of messaging between a Patient and his or her Clinician); to develop, improve, extend and test the Service (and underlying technology programs and our platform); to design, develop and produce Analytic and reports; to market and promote HealthAware and the Service; and to disclose, distribute and transmit Service Data and/or Analytics reports to Clinical Partners, HealthCare systems and/or HealthAware’s client partners.

IP Addresses, Cookies and Local Storage:

HealthAware uses your IP address to help identify you and to gather demographic information. IP addresses are also used to provide an audit trail regarding use of the Service.

Cookies are pieces of information that a website transfers to your computer’s hard disk for record-keeping purposes. Cookies in and of themselves do not personally identify users, although they do identify a user’s computer.
At this time, the Service does utilize cookies. However, HealthAware does use the local storage on your device to track whether or not you are logged in.

Do Not Track Policy:

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities, over time and across different websites.

When you turn on the Do Not Track function in your browser, HealthAware stops collecting the information from your browser that allows us to tailor the Service specifically to you and to develop valuable Analytics. Do Not Track signals are set on a browser-by-browser basis, so you must set them on every browser you use if you do not wish to be tracked.

HealthAware cannot and does not make any promise about how third parties react when you set the Do Not Track signal on your browser. In addition, the Do Not Track signal does not apply to the use of information collected prior to such request.

Sharing of Personal Data:

HealthAware will not share Personal Data with any third party for purposes that are not related to the Service or its arrangements with applicable Clinical Partners. HealthAware may, however, disclose Personal Data if (a) reasonably necessary for HealthAware (or its service providers) to operate the Service, including processing your queries, responses and other messages, (b) to communicate with Patients, Clinicians and Clinical Partners, (c) otherwise permitted under the Privacy Policy or elsewhere in the Terms of Service, (d) HealthAware reasonably believes that such action is necessary to conform or comply with any legal, regulatory, law enforcement or similar requirement or investigation, to protect or defend the rights or property of HealthAware or any third party or to enforce the Terms of Service or (e) otherwise authorized by you.

HIPAA Compliant:

In operating the Service, HealthAware complies in all materials with respects with HIPAA.

California Residents:

Under California Civil Code Section 1798.83 (the “Shine the Light” law), California residents who provide personal information in obtaining products or services from HealthAware are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2016 will receive information regarding 2015 sharing activities). If you are a California resident and would like a copy of this information, please submit a written request to:

HealthAware, LLC.
1415 Park Ave West
Denver, CO 80205

Business Transfers:

HealthAware may transfer Traffic Data, Service Data (including Personal Data) and Analytics to any successor to all or substantially all of its business or assets that concerns the Service. In the event of any such transfer, the successor will have all of the rights and be subject to all of the obligations of this Privacy Policy, including, without limitation, the right to modify or replace this Privacy Policy, as provided herein.

Security:

Information collected by HealthAware is stored in operating environments that are secured using commercially available tools and procedures, and which are not made generally available to the public. Unfortunately, no data transmission over the Internet and/or wireless networks can be guaranteed to be 100% secure. As a result, HealthAware cannot unequivocally guarantee the security of any information you provide, and you do so at your own risk. Once HealthAware receives your information, it will make reasonable efforts to ensure its security on HealthAware’s systems.

Connections:

You may be able to access the Service and/or communicate with the Service from, and you may be able to link or communicate from the Service to, applications, devices, distribution platforms and websites owned and operated by HealthAware’s Partners and Clinical Partners. These other applications, devices, platforms and websites are not operated or controlled by HealthAware. These other applications, devices, platforms and websites are not operated or controlled by HealthAware. Additional or different terms and conditions (including without limitation, privacy and security practices) apply when you access and use such other applications, devices, platforms and websites, which are not the responsibility of HealthAware.

Termination:

If you terminate your registration and account for the Service, or if your registration or account is terminated for any reason by HealthAware, then HealthAware will remove your Service Data from the Service; provided, HealthAware may retain and use your Service Data in the manner described herein, but only in aggregated or de-identified form.

Non-US Users:

You expressly consent to the transmission, collection, storage, processing and use of the analytics and your personal data in accordance with this privacy policy. Your personal data may be collected, stored, processed, used and transmitted within, from and to the country where it was collected and the United States. United States laws regarding the use of personal data may be less stringent than the laws in your country.

Updates:

HealthAware reserves the right, at its sole discretion, to update, modify or replace this Privacy Policy, in whole or in part, at any time. HealthAware will use reasonable efforts to notify you of any material change in advance of the effective date of any change. Change notices may be communicated by postings at the website Site, e-mail or otherwise. In any case, you should check this Privacy Policy for changes in the future. Continued access or use of the Service following any change to this Privacy Policy constitutes your acceptance of those changes. The Privacy Policy may not otherwise be amended, as they apply to you. Information collected by the Service is subject to the Privacy Policy in effect at the time of use. You may not correct or otherwise change your registration data by contacting HealthAware.

Contact:

If you have any questions regarding this Privacy Policy or your dealings with the Service, please visit www.healthaware.com or contact us in writing at:

HealthAware
Attn: Privacy Policy
1415 Park Ave West
Denver, CO 80205
E-mail: [email protected]

Patient Consent to Communication of Personal Health Information (PHI) through Standard SMS/Text Message and/or Email

Welcome! Your healthcare provider has partnered with HealthAware to help guide you through your care plan.

Who is HealthAware?
HealthAware provides health support programs (HSPs) delivered via standard SMS/text message and/or email. Your HSP is under the direction of your healthcare provider and is designed to support you in your health journey by providing education information related to:

  • Your health support program
  • Behavioral prompts/check-ins
  • Assessments/progress reports
  • Appointment reminders
  • Other health related messages or programs pertaining to my health support program

These HealthAware programs are for educational purposes only. They cannot provide, and are not intended as a substitute for medical care. The programs are automated, and therefore not actively monitored. In the event that medical care is needed, please call your healthcare provider or 911.

Why do I need to accept this patient consent?
HealthAware uses standard SMS/text messages and email messages that are not encrypted to communicate information with you about your HSP. Consequently, there is a risk that an unauthorized third party could view the information being transmitted.

To whom does HealthAware disclose my PHI (Personal Health Information)?
HealthAware only discloses PHI to you and your healthcare provider. HealthAware does not disclose PHI to any other party, such as marketing or sales organizations.

Consent
By clicking “accept” on a web page, clicking a link that is clearly labeled as a means of indicating consent, or replying “yes” to my consent prompt via text message, I agree to the following:

I hereby consent and state my preference for HealthAware to communicate with me via SMS/text message and/or email regarding various aspects of my health support program (HSP), which may include my PHI, behavioral prompts/check-ins, assessments and progress reports, appointment reminders, and other health related messages or programs pertaining to my health support program.

I understand that standard SMS/text messaging and email are not confidential methods of communication and may be insecure. I further understand that, because of this, there is a risk that standard SMS/text messaging and email regarding my medical care might be intercepted and read by a third party.

I may revoke this consent in writing except to the extent that HealthAware and/or my healthcare provider has already made disclosures in reliance upon my prior consent. If I do not accept this consent, or if I later revoke it, the commencement, continuation, or quality of my treatment will not be affected, but my enrollment with the HSP delivered by HealthAware will be terminated.